B RANGANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the petitioner in Writ Petition No. 4193 of 1975 is directed against an order made by a learned single Judge of the Court whereby the said petition was dismissed at the stage of preliminary hearing.

(2.) The material facts are few and, briefly, as follows: - The appellant has been successful in the last P.U.C. examination having secured 81.6 per rent of marks in the subjects relevant for the purpose of seeking admission to a medical college. He applied to, respondent 2 medical college for admission on payment of an initial capitation fee of Rs. 5,020 as advertised by the said institution. The said institution being run by a private body, namely K. L.R.Society at Belgaum (hereinafter referred to as the Society), had to abide by instructions issued by the Government. But as it happened instructions were issued by the Government giving liberty to the management of the institution to admit a certain number of students only on payment of a capitation fee of Rs. 10,000 by Candidates seeking admission. Apparently, in view of the later instruction the management of the society addressed letters by registered post to such of those candidates who had earlier sought for admission on payment of Rs. 5,020, to remit by bank draft a further sum of Rs. 5,000 strictly within the time specified therein, to enable the management to consider the applications for admission.

(3.) It would appear that the petitioner in an endeavour to comply with the later demand sent the necessary draft by registered post on 18-7-1975, the last day fixed for receipt of such drafts being 20-7-1975, which was a Sunday. For one reason or other the said draft did not reach the management of the Society in the time stipulated. The said bank draft was returned by the management of the Society on 28-7-1975 on the ground that it had been received beyond 20th July 1975 which was the last date fixed for the purpose. The result of it was that the petitioner's application for a seat on capitation fee basis was not considered and consequently he failed to secure admission to respondent-2 college. Hence the petition under Art. 226 of the Constitution for appropriate reliefs.